How many years did you deliberately curse? Many people in life think that swearing may be just an uncivilized behavior and will not constitute an illegal act. In fact, swearing will lead to certain serious consequences, and you need to bear legal responsibility. Let's learn how many years it is to deliberately swear.
Is swearing intentionally a trouble? 1 How many years? First, how to deal with the law of intentional swearing?
The way to deal with the intentional swearing law needs to be determined according to the severity of the incident and the social harm. First, there will be tort liability at the civil law level, that is, the law will require the infringer to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore the reputation, apologize and compensate for the losses.
Secondly, swearing also violates the provisions of People's Republic of China (PRC) Public Security Administration Punishment Law, and may be punished by detention for less than 15 days or a fine for less than 500 yuan. Finally, intentional swearing may also constitute a crime of libel or insult, and the law will give criminal punishment to the swearing person. "Legal Express" reminds you that intentional swearing constitutes a crime, which belongs to the crime of personal accusation, that is, the accusation of the victim or other individuals who have the right to inform is a necessary condition for the crime.
Second, is intentional swearing a troublemaker?
Deliberate swearing belongs to seeking trouble. According to Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of affray, insulting others and disturbing social order is a "bad plot" and should be investigated for criminal responsibility:
(1) Abusing others for many times, causing adverse social impact;
(2) insulting others with a murder weapon;
(3) maltreating mental patients, disabled people, vagrants and beggars, the elderly, pregnant women and minors, causing adverse social impact;
(4) Causing serious consequences such as mental disorder and suicide of others;
(five) seriously affect the work, life, production and operation of others;
(six) other vile circumstances.
Third, how to deal with intentional swearing constitutes a crime?
The way to deal with the crime of intentional swearing depends on the specific crime:
1. If it constitutes insult or slander, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
2. Whoever constitutes a crime of stirring up trouble shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. Whoever gathers people to commit crimes for many times and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
How many years did you deliberately curse? 2. How many years can you get for swearing and making trouble?
The crime of stirring up trouble refers to the act of arbitrarily stirring up trouble, beating or harassing others, or arbitrarily damaging or occupying public or private property, or creating troubles in public places, which seriously undermines social order. The criminal law defines the objective manifestations of the crime of stirring up trouble as four types:
1, beating others at will, and the circumstances are bad;
2. Chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
3, extortion or arbitrary damage, embezzlement of public and private property, if the circumstances are serious;
4. Gathering people to make trouble in public places, causing serious disorder in public places.
Whoever seriously disrupts social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined.
Second, the constitutive elements of the crime of stirring up trouble
(A) the object elements
The object of this crime is public order. The so-called public order includes the order of public places and the same rules that people should abide by in their lives. The crime of stirring up trouble mostly occurs in public places (some in remote and hidden places), which often causes damage to citizens' personal, personality or public and private property. The crime of picking quarrels and stirring up trouble generally does not infringe on a specific person, personality or public or private property, but mainly points to public order, challenges the whole society and despises socialist morality and the legal system.
(b) objective factors
Objectively speaking, this crime is manifested as stirring up trouble, making trouble, making trouble without reason, beating and hurting innocent people, wantonly provoking, bullying and disturbing public order. The objective behavior of the crime of stirring up trouble is stipulated as follows:
1, beating others at will, and the circumstances are bad.
Beating others at will refers to beating people you know or don't know for no reason or for no reason, because of unhealthy motives such as being overbearing and having fun. The "bad plot" here refers to people who beat others at will by cruel means and beat others at will many times; Causing the beaten person to commit suicide and other serious consequences.
2. Chasing, intercepting or insulting others, and the circumstances are bad.
Chasing, intercepting and abusing others refers to chasing, blocking, humiliating and abusing others for no reason with unhealthy motives such as having fun and seeking spiritual stimulation, which is mostly manifested in chasing, intercepting and abusing women. The "bad plot" here mainly refers to people who constantly chase, intercept and insult others; Causing bad influence or arousing public anger; Cause other consequences and so on. It should be pointed out that the act of forcing or insulting women by violence, coercion or other means constitutes the crime of forcing or insulting women.
3, extortion or arbitrary damage, embezzlement of public and private property, if the circumstances are serious.
Forcibly taking things or arbitrarily destroying or occupying public or private property refers to extorting goods from markets and shops and other people's property by unreasonable hooliganism, or arbitrarily destroying or occupying public or private property. Serious circumstances here refer to forcibly seizing or arbitrarily damaging or occupying a large number of public and private property; Causing adverse effects; Repeatedly extorting money or arbitrarily damaging or encroaching on public or private property; Causing serious losses to public and private property and so on.
4. Gathering people to make trouble in public places, causing serious disorder in public places.
Making trouble in public places refers to the act of making trouble in public places and disturbing the order of public places because of unhealthy motives such as having fun and seeking spiritual stimulation. It refers to the serious chaos in public places, which leads people to panic and flee.
As long as the actor has any of the above four situations, it constitutes the crime of picking quarrels and provoking troubles. However, in the trial practice, the actor often "forcibly takes the essentials" and "randomly beats others", or "chases, intercepts and insults others" first, and then.
"Destroy or occupy public or private property at will". In order to satisfy the rogue motivation of seeking spiritual stimulation and having fun, the actor usually carries out multiple acts, and then only considers this crime as one crime.
(3) Main elements
The subject of this crime is the general subject, and any natural person who has reached the age of 16 and has the ability of criminal responsibility can constitute this crime.
(4) Subjective factors
Subjectively, this crime can only be constituted by intention. That is, openly flouting national laws and social morality. Its motivation is to pursue spiritual stimulation and fill the spiritual emptiness through the activities of seeking trouble.
Third, the relevant provisions of the crime of stirring up trouble.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Defamation by Information Network.
2065438+On September 9, 2003, the Supreme People's Court held a press conference to announce the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Defamation through Information Network. This interpretation was adopted by the Judicial Committee of the Supreme People's Court at its1589th meeting on September 5th, 20 13, and adopted by the 9th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on September 2nd, 20 13, and came into effect on September 6th, 20 10.
Article 5
Whoever uses information network to insult or intimidate others, if the circumstances are bad and disturb social order, shall be convicted and punished for the crime of stirring up trouble in accordance with the provisions of Item (2) of Paragraph 1 of Article 293 of the Criminal Law.
Article 8
Knowing that others use the information network to commit crimes such as libel, affray, extortion and illegal business operations, and providing them with funds, places, technical support and other help, they shall be punished as the same crime.
Is it a crime to swear on purpose? How many years were you sentenced to? 3. How to collect evidence when calling the police?
When insulted by others, the best way to obtain evidence is to record it in time. If there is no recording, witness testimony can be used to prove the abuse of others.
2. Will you be detained for swearing?
1, if it is openly insulting others or fabricating facts to slander others, it violates the provisions of the Law on Public Security Administration Punishment and will be subject to administrative punishment;
2. Article 42 of the Law on Public Security Administration Punishment stipulates that anyone who commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(five) sending obscene, insulting, threatening or other information for many times, interfering with the normal life of others;
(6) Peeping, stealing, eavesdropping or spreading others' privacy.
Third, will swearing be suspected of committing a crime?
Swearing may be suspected of insult.
Whoever commits the crime of insulting shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
At the same time, the article stipulates that only those who are told will be treated as insulting unless they seriously endanger social order and national interests. According to the provisions of Article 38 of this Law, it means that the victim will be dealt with only after telling the truth.
If the victim is unable to inform because of coercion or intimidation, the people's procuratorate and the close relatives of the victim may also inform him. The reason why the crime of insult is dealt with after being informed is that most insults occur among family members, neighbors, colleagues or in daily life, which belongs to contradictions among the people and is not very harmful to society. In most cases, it can be solved through mediation and other mitigation measures.
In addition, the victim may not want more people to know the fact that he was insulted. If he brings a lawsuit against the victim's will and adopts criminal sanctions to solve it, the effect will be counterproductive. It should be pointed out that "handling after informing" does not mean that it does not constitute a crime without informing, but that it will not prosecute such a crime without informing.
Serious harm to social order refers to the situation that the insult has caused the victim to be insane or even commit suicide, and the victim is unable to identify or lose his ability to identify. "Endangering national interests" refers to insulting national leaders, foreign heads of state, diplomatic envoys and other specific objects, which not only damages the reputation of victims, but also harms national interests.
According to Chinese laws, anyone who publicly insults others or fabricates facts to slander others shall be detained for not more than five days or fined not more than 500 yuan. If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.
The best way is to record it, but if it is too late to record it, you can consider providing witnesses. In fact, if it is a trivial matter in life, it is better for both parties to resolve it through consultation, but don't take it lightly, because insulting others may be suspected of insulting, and once it is suspected of a criminal offence, the punishment will be more serious.